Conservative crime agenda to keep Parliament busy this fall

Sue O'Sullivan, the federal ombudsman for victims of crime, wants a bill that gives victims the right to review a decision not to prosecute; the right to a recent photo of an offender at the time of his or her release; and the right for victims to have a say in plea-bargain agreements

Photograph by: .Postmedia News Files
, Postmedia News

OTTAWA – If you thought the federal Conservatives had completed their “tough-on-crime” agenda by now, think again.

Justice policy plays to the party’s base of supporters, is hard for the opposition to attack, and ultimately tugs on the heartstrings of all Canadians who want to see victims helped and crimes prevented or punished.

What can we expect as Parliament resumes?

A Victims Bill of Rights: The Harper government has vowed to make the justice system more sensitive to the needs of crime victims. This bill marks the culmination of those efforts.

Victims of Crime Ombudsman Sue O’Sullivan wants a bill that gives victims the right to review a decision not to prosecute; the right to a recent photo of an offender at the time of his or her release; and the right for victims to have a say in plea-bargain agreements.

Critics are concerned about court costs and jurisdictional issues. University of Ottawa law Prof. Carissima Mathen says victims have “legitimate expectations” to be informed, but the justice system is supposed to be “impartial” and “giving them more influence in criminal trials” is “not the way to go.”

Tougher Penalties for Child Predators Act: First announced in August, the bill will include mandatory minimum and maximum sentences and those convicted on multiple counts will be required to serve their sentences consecutively.

This bill seeks to combat sex tourism by requiring convicted sex offenders to inform authorities of international travel. It will also create a national, publicly accessible, online database of high-risk child sex offenders, to replace a patchwork of existing databases.

Critics have raised concerns about mandatory minimums, saying they take discretion away from judges and contribute to prison overcrowding. Some say the database could lead to vigilantism: ordinary citizens taking the law into their own hands to punish perpetrators.

Cyberbullying and lawful access: The suicide of cyberbullied Dartmouth teenager Rehtaeh Parsons hit close to home for Nova Scotia-based Justice Minister Peter MacKay, who has promised to introduce “holistic” legislation to combat the problem this fall.

Details have not been released but a July report called for a new Criminal Code offence that would make it illegal to knowingly distribute intimate photos of a person without consent.

It recommends other Criminal Code offences be modernized to include language that takes into account the Internet and mobile phone age.

Police also want the power to compel Internet service providers to preserve information such as emails and text messages while law enforcement obtains a warrant.

Vehicular manslaughter: MacKay said he wants to change the Criminal Code offence for impaired driving causing death to “vehicular manslaughter” to better reflect society’s “abhorrence” of impaired driving. The changes would also include provisions to address drug impairment.

What’s likely to make a comeback?

The Not Criminally Responsible Reform Act and Tackling Contraband Tobacco Act died on the order paper when Parliament prorogued. Both remain government priorities and are likely to be reintroduced where they left off.

The former seeks to keep certain mentally ill killers off the streets for longer by creating a “high risk” designation that would bar them from obtaining a discharge and limit their ability to leave hospital if they’ve been institutionalized. Critics call it a knee-jerk reaction to sensational cases, such as that of Greyhound bus beheader Vince Li, who was mentally ill.

The tobacco bill would create a new RCMP task force and make selling, distributing and transporting contraband cigarettes a Criminal Code offence. It also proposes mandatory minimum sentences for repeat offenders.

It does not address jurisdiction issues related to aboriginal reserves, where contraband tobacco businesses thrive, and First Nations leaders have raised concerns native youth will be overrepresented among those charged and that jail time will only make them hardened criminals.

What other issues may prompt federal action?

Mental Health and the challenge for corrections: Between yet another damning report by Correctional Investigator Howard Sapers and the ongoing inquest into the prison suicide of Ashley Smith, the federal government will be under pressure to do something about inmates with severe mental-health issues.

Sapers’ key recommendation is to transfer difficult inmates to provincial health care facilities that are better equipped to deal with behaviour such as chronic head banging, cutting and ligature use.

What discussions are ongoing and could become policy?

Fines for marijuana possession: The Canadian Association of Chiefs of Police (CACP) wants a new tool: the ability to fine people caught with 30 grams of pot or less. MacKay was initially cool to the idea but Harper said the government is “certainly looking at their proposal very carefully.”

DNA, the modern fingerprint: CACP president Jim Chu argues DNA should be “collected upon charge, not upon conviction” just as fingerprints are now. That would quickly exonerate the innocent, he says, and help link serial crimes together. At the very least, he wants break-and-enter added to the list of offences for which DNA samples are mandatory upon conviction.

MacKay accepts the fingerprint argument, but recognizes privacy concerns surrounding the destruction of samples for those deemed not guilty. “We’re simply examining it at this point,” he said. “There’s no plans afoot to introduce legislation.”

The extradition process: Last month MacKay announced an internal review of federal involvement in the case of Ernest Fenwick MacIntosh. The Nova Scotia businessman had 17 convictions for crimes involving children overturned by the province’s appeal’s court due to delays in getting him to trial, in large part because it took more than a decade to extradite him from India. MacKay has said Canada needs to “reform and modernize how we extradite people.” This could be a first step.

Economics of policing: Ex-public safety minister Vic Toews kicked off a national discussion to find ways to rein in the high cost of policing and court administration. The Canadian Police Association is organizing another conference in Toronto. Stakeholders, however, say legislation is likely far off in the distance.

What do stakeholders want that’s not necessarily on the agenda?

• Canadian Police Association’s Tom Stamatakis is concerned about a cop killer who was granted an escorted absence from prison by a warden despite a negative parole board decision. When it first came to light, Toews expressed outrage. One backbencher was considering a private member’s bill and there was talk of a government bill. In March, a different Tory backbencher tabled a private member’s bill that has yet to move beyond the introduction stage.

• John Howard Society executive director Catherine Latimer said the court and corrections system is “overloaded” and prison overcrowding is a huge problem, particularly in remand centres where accused are locked up before trial. She was heartened to hear MacKay talk about reviewing pre-trial detention and bail provisions and hopes the throne speech will affirm that commitment.

She’d also like the government to unveil a new approach to the “war on drugs” that focuses on alternatives to incarceration for those with addiction and mental-health problems.

• Eric Gottardi of the Canadian Bar Association said he’d like the federal government to “reinvest in legal aid.” A recent CBA report found the federal government covers 20 to 30 per cent of the cost. It used to be a 50-50 venture with the provinces.

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Sue O'Sullivan, the federal ombudsman for victims of crime, wants a bill that gives victims the right to review a decision not to prosecute; the right to a recent photo of an offender at the time of his or her release; and the right for victims to have a say in plea-bargain agreements

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